A federal judge in Dallas dismissed a free speech claim brought by a Texas Tech law school graduate on Friday, while allowing her racial discrimination claim against the university to proceed. The lawsuit stems from sanctions the university imposed on Ellen Fisher, who is Black, following the September 10, 2025, fatal shooting of conservative commentator Charlie Kirk during a debate at Utah Valley University.
Fisher filed the lawsuit in April 2026 after receiving a written reprimand on her law school record. Texas Tech officials stated the sanction followed investigations and a hearing which determined Fisher violated the school’s honor code by "loudly and disruptively" celebrating Kirk’s death. Fisher denied celebrating the killing in her complaint, asserting that her discussions about the event were protected by the First Amendment.
Judge Brantley Starr ruled that Texas Tech officials are immune from the free speech claims because they are employees of a state entity. The judge further noted that even if immunity did not apply, Fisher could not demonstrate that the alleged constitutional violation was clearly established. However, Starr found that Fisher provided sufficient facts to move forward with her claim that she was treated less favorably than white students who also allegedly commented on the killing.
On a broader scale, the case tests the limits of university disciplinary authority over student speech regarding high-profile national events. The university argued that the behavior was disruptive to the educational environment, while the student maintains it was a matter of constitutional expression. Because the free speech claim was dismissed based on state employee immunity, the court has prioritized the legal protections afforded to government workers over the specific First Amendment merits of the student's argument in this instance.
The case also highlights a growing pattern of litigation involving university responses to comments about Charlie Kirk's death, as seen in a separate pending case involving a former professor at the University of Arkansas at Little Rock. As the racial discrimination portion of Fisher's suit moves forward, it sets a framework for how courts may weigh allegations of selective enforcement of school codes. The next steps involve further litigation on the discrimination claim, though specific trial dates or deadlines were not reported.